The Less Favoured Area Support Scheme (Scotland) Regulations 2004

Regulation 4

SCHEDULE 3 ENVIRONMENTAL CONTROLS

1.  To ensure the protection of rough grazings and other semi-natural areas, new drainage works, ploughing, clearing, levelling, re-seeding or cultivating must not be undertaken. Livestock must be managed to avoid poaching to a level which would destroy the natural vegetation in respect of such rough grazings and other semi-natural areas.

2.  To ensure the protection of rough grazings and other semi-natural areas, pesticides, lime or fertiliser must not be applied to rough grazings and other semi-natural areas except-

(a) to control injurious weeds to which the Weeds Act 1959(1) applies;

(b) to control bracken with Asulam or other approved herbicides; or

(c) in exceptional circumstances where no conservation damage will result, lime or fertiliser may be applied.

3.  Muirburn may only be carried out in accordance with guidance approved by the Scottish Ministers.

4.  The damage to features of any historic or archaeological interest must be avoided and guidance approved by the Scottish Ministers must be followed for the protection of such areas.

5.  Guidance on the prevention of environmental pollution from agricultural activity approved by the Scottish Ministers must be followed for the avoidance of pollution or to minimise the risk of pollution through good management of nutrients and effluents.

6.  Notwithstanding the provisions of paragraphs 1 to 5 above, any of the matters referred to therein which would otherwise be subject to the relevant control, may be carried out if approved in terms of the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002(2).

(1)

1959 c. 54.

(2)

S.S.I. 2002/6.